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Bad check charges-civil or criminal or both

Orlando, FL |
Filed under: Criminal charges

A ck. was written to a payroll company with the understanding to hold it for 2 weeks. It was processed immed. It bounced. Two payments were made to make good, but then none after that. This was 6 months ago. The writer is being sued civilly, but can this constitute criminal charges?

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Attorney answers 1


Probably not. Where there is an agreement to "hold" the check for a period of time after it is written and delivered to the holder, the check in effect becomes a promissory note, rather than a worthless check which can be prosecuted under Florida statutes. 832. As an ex prosecutor, I can say from experience that the local state attorney will probably leave this matter to the civil courts to sort out, especially where there appear to have been some ongoing negotiations between the parties since the check was returned.

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